Wednesday, June 29, 2016

PUBLIC NOTICE

Executive Session & Change of Meeting
Time

The Dearborn County Redevelopment Commission

has called an Executive Session for

Thursday, July 14, 2016 at 8:00 a.m.

The
purpose is to discuss interviews and negotiations with industrial or commercial
prospects or agents of industrial or commercial prospects by the Indiana
economic development corporation, the office of tourism development, the
Indiana finance authority, an economic development commission, a local economic
development organization (as defined in IC 5-28-11-2(3), or a governing body of
a political subdivision.

This is classified confidential by state and federal
statute.

IC 5-14-1.5-6.1(b) (4)

And also for the purposes of discussing strategy with the
respect to the purchase or lease of real property by the governing body up to
the time a contract or option to purchase or lease is executed by the parties.

This is classified confidential by state and federal
statutes.

IC 5-14-1.5-6.1(b) (2) (D)

The regular schedule meeting for 8:30
a.m. has been moved to 9:30 a.m.

Mark McCormack presented the background. 26 letters sent and 3 were still not picked up at the post office. Property was rezoned in Nov 2007. There were written commitments. Number 2 commitment is being requested to change regarding the buffers. They want to have no buffers if there are 56 or less homes. This is the sole nature of tonight’s meeting. They are to send a favorable, unfavorable, or no recommendation to the Commissioners. They submitted a concept plan and this will have to come back for review if the Commissioners approve the buffer change. Property owners have regraded the Short Road intersection per Commitment #3. This plan was at 75 lots before this changes proposed.

Jeff Stenger- Surveyor represented Richard Schmidt applicant. He stated they have accomplished the changes requested on Short Road. They changed the layout to get the homes situated so that the backs of houses weren’t facing the road- but rather like a regular setup with the houses facing the road now.

Lehman asked if the resistance was mostly from the Short Road neighbors who were looking at houses backyards. Stenger said maybe Glenn Crocker can answer that. The exterior lots are 1 acre lots and so there are less of them facing the road now. There is no buffer yard requirements for residential- but because of the former plan they had placed it on this that the PC wanted. Fronts of house face Short Road. They don’t think shared driveways are needed. Most are lining up with opposing driveways on the street.

PUBLIC DISCUSSION:

Glenn Crocker- 46 year resident of the county. We were concerned about density and the backs of houses. Stenger showed me the plan when he was out there. I told him that I could live with something like this plan.

Steve Koons- It does look better than it did with 75 houses. Still concerned at Short and Gaynor maybe have a3-way stop. Have talked with cops about the high speeds from kids after school etc. These are going to be our new neighbors- and kids fly on that road. Hoping to keep the sewer of Gaynor Ridge still as before.

Bob Gaynor- concerned about drainage from etc development. Kraus, Jr. showed the darker areas on the map for detention ponds. That will be reviewed at the improvement plan stage. He noted the creeks don’t need any excess water. There’s about 1/3 hard surface in here and that could create a lot of water. Kraus Jr. said it should not exceed the current level of water per county ordinance. Mr Gaynor was also concerned about people driving fast on the road and farm vehicle safety issues. We are a farm area and there are cattle and hogs in the area and the people that buy these homes need to understand what that means.

Tom Gaynor- already covered my topics. We’ll be at the next hearing too.

END PUBLIC DISCUSSION

Stenger asked to address some concerns. He said he couldn’t drive the posted speed limit on Short Road. He asked Todd Listerman to perform another speed study. It was 40 mph and that’s too fast. The traffic will be changed dues to the reconfiguration also.

Kraus Jr. said he’d talk to the county engineer about the 3-way stop also.

Beiersdorfer said this is fixing the need for the buffer. Lehman said he didn’t know how a berm could look nice and be effective as previously set up. Land said it could be dangerous for kids darting out between the berms. They are glad that is removed.

Hoog motioned to send a favorable recommendation to the commissioners and Beiersdorfer 2nded to have no buffer or berm required if 56 lots or less. All ayes. Passed.

NEW BUSINESS:

1. Request: To address the Plan Commission for the purposes of: 1) establishing a non-buildable lot to be transferred to a non- adjoining property owner, and 2.) creating a direct access point onto an arterial road which does not meet the driveway spacing requirements.

Mark McCormack introduced the staff report. It’s an existing farm access and he wants to make it a shared access for something commercial/residential. Most of the lot is Ag. There is an access across the RR tracks and on SR 46 across from Longnecker Road to access the farming portion. The shared access between lots 2 and 3 could have affected the farming portion that is mostly in the floodplain in part. He doesn't think the RR is in the flood plain. The farming side of the road is fairly flat. There is a little business there and some residential around the main buildings there. The farming area is labeled non-buildable. He showed pictures of the properties. He showed the ordinances involved in the waivers. Both waiver requests from Article 1 Section 160. The applicant’s written statement was very short. They also meet the state access site distance requirements if they keep it as stated.

Lehman- asked how long it would stay non-buildable. McCormack said they would have to repeat it to change that and request. They weren't sure if sharing driveway would improve site distance, in answer to another question from Lehman. Discussion on site distance.

Rick Mays spoke for Ken Boatright who was out of town. They want to build a pole barn to store landscape equipment. He said they do not really want to have the lot 3 as buildable- they want to farm and hunt there. He may be having 2 businesses- renovating and landscaping. Drive thru pole barn to bring equipment in or out. McCormack noted the high tension power lines etc. on the farm piece.

Lehman asked about the pole barn on parcel 2 and options but was told they had traffic issues off parcel one with residences there.

PUBLIC DISCUSSION- none

END PUBLIC DISCUSSION

Land didn’t want another drive between the Ag drive and the one that exists already. Can we restrict it to being thru the panhandle? the people on that road most often probably know that it is there.

Lehman said good size trucks need it to be there for site distance issues. Especially now that they are getting congested on that original property.

McCormack showed the road access pictures at the site again at Lang’s request.

Beiersdorfer- his whole intent is to keep his options open I think.

Lehman is worried about a bunch of violations if other things happen in parcel 2. rather have one violation than a bunch.

Kraus Jr. said that maybe they could restrict access in parcel 2. If they had another use they have to go thru INDOT. INDOT only considers the landscape AG use- but the county looks at it as commercial potentially. Hrezo had 600 ft and 870 ft as the 2 sight distances on this per McCormack in the packet.

Lehman motioned for the non buildable lot as shown on the drawing 2789 Harrison Brockville Rd to be transferred to non-adjoining property owner and Lang 2nd. All ayes. Passed.

Lehman motioned to create a direct access with a waiver for driveway spacing at the same address as above with the condition that parcel #2 is directly accessed off the panhandle of parcel 3. Beiersdorfer 2nded. All ayes. Passed.

2. Request: To address the Plan Commission for the purposes of: 1.) establishing a non-buildable lot to be transferred to a non-adjoining property owner, and 2.) creating two direct, separate access points onto a collector road.

Mark McCormack presented the staff report. He noted that the site distances are adequate per the county engineer. The surveyor will provide the actual site distances when the survey is completed. He presented all the pictures of the road access points. He talked about the family owning the 10 acre recreational tract and thinking about the future owners. He talked about the 100 trips per day for the collector requiring the approval of PC. Waivers refer to Article 1 Section 160. 24 letters mailed and 2 not received. One was American Tower. The other was Trinity Church. Some neighbors called asking about the request but not necessarily objecting to it.

Jeff Stenger presented for the applicant. Family farm being conveyed to family members now. He showed that there is no need for building lot on the 10 acre piece due to terrain an tower lines. He addressed the 2 accesses on the middle piece showing the terrain issues with the dividing creek in the farm. The site distances are met for all access points.

Also present- Shane McHenry’s son who lead the Pledge of Allegiance and quietly sat by his father during the meeting.

OLD BUSINESS:

Cemetery in Valley Woods- Art- Wenzel- told Commissioners that it was a community project getting the Guard cemetery cleaned up and mowed. Rupel and other Guard family members present. Martha Whalen spoke as a neighbor, that she had helped and told commissioners that it had been restored a few years back but it had become overgrown again. She also noted that more neighbors helped and it is no longer an eyesore in the subdivision. Wenzel also told then that the Reece cemetery was deeded to Commissioners behind Steak and Shake. There were two other cemeteries like this in the county. Little said the trustees have a way to enact a tax to maintain these cemeteries in the county that are deeded to the county. Trustees cannot use public funds for cemeteries on lands that were taxed. That’s why they deed them to the county. Baudendistel said that a lot of cemeteries tat trustees are supposed to be maintaining are not being maintained. Commissioners said they would check with the trustee to see if they can deed it to the trustee. Motion passed.

Vacate portion of West Brown Road (off West County Line Road)- Ordinance- Baudendistel presented the facts. Fulks can’t ask for any vacation of that ROW beyond their property line. Anyone wanting the road to exist would have to repave it to county specs. They are going down to about 140 ft of maintained road and a T- turnaround from 370 ft. Jeff Stenger cleared up details on the road bed and property line for commissioners. Josh Holland resident- asked if site distance for the intersection was considered. Answer was that there is no development planned so no need for it yet. There was discussion of keeping the ROW in the event of further development to have a safer access point. Diane Heid- adjoining property owner wants it tabled until they can be sure they can get 4 lots on their land safely. Jamie Graf representing the builder noted that Fulks have plans to build there this summer and have been working on this for months. Not vacating requires they Fulks need a variance. Linda Heid and Ed Heid showed how they need to use the Brown Road section for a safe and cheaper access. Even if only one house. IC 36-7-3-13 was read by Baudendistel. Thus only three aggrieved families can raise objections. Stenger said site distance is the issue and they can look at that by the next meeting. Baudendistel said he would also check to see if they can be aggrieved for something that may occur later. Commissioners decided to table this until the next meeting July 5 at 8:30 AM. Listerman will go out for an unbiased opinion per Stenger’s request.

NEW BUSINESS:

Jack’s Forever 3 Annual Run- Commissioners gave permission to hold it again- same as the last 5 years. Sat Sept 10th. Bright Christian Church thru Sneakville to Grubbs to Green Meadow to Garden Meadow.

Cincinnati Bell Internet Proposal- 911 Director Jared Teaney- 3 year agreement to get the best pricing. $750/month. Comcast is $425/month currently. This is more costly and they feel they need it to get a more reliable connection. The internet currently is not as reliable. They are using 911 fees to pay for this. Baudendistel said the need to be able to terminate the agreement for any reason with 30 days notice. Also need to be sure Comcast can be terminated with no penalty also. Tabled until next meeting. Cinti Bell is a dedicated fiber into the jail etc. It’s guaranteed to work 99.9999% of the time. Comcast has been down for 1/2 a day at times per Teaney. Baudendistel asked about some monies not paid by Moore’s Hill yet also. $2500 paid - but they also owe it form last year also.

Life Insurance Presentation- GLG America- Michael Kuhn- this is for individual insurance for employees- no cost to county. Security Mutual is now the provider for the program instead of Boston Mutual. Approved.

Agreement for Tax Sale Legal Services- Alex- the tax sale attorney for years was introduced by Pennington. Covers unlimited consults, court appearances, and new statutes on the books each year on tax sales. Has a lot of experience all over the state. The fee is $15 fee to the tax sale pays the cost for his services. Lynch asked how many properties went to tax sale last year. 146 properties had the $15 fee last year. Pennington said Alex going to court is the biggest savings over having the county attorney do this. Approved.

Park Board Appointment- Ginger Corn resigned- and Ginger Corn and Jim RedElk sent letter saying they want Doug Berger to be appointed. Baudendistel said he needs to check the political affiliation of the prospect. The board needs to be politically balanced. FOUND OUT LATER IN MEETING IT WAS OK- SO APPROVED DOUG BERGER.

ADMINISTRATOR- Terri Randall- Ordinance Adopting Materiality Threshold- Baudendistel handled this. This is to cover misappropriation of public funds and reporting them. Small items that don’t require reporting to SBOA for less than $1000. Non- cash its have to be $5000 or over. They still investigate the lesser amounts and take action locally on them. Approved.

AUDITOR- Gayle Pennington- Claims and June 7th Minutes approved. Highway surplus funds were sent out to the different entities per Pennington.

Reimbursable Grant Application for Environmental Health- from Dr Scudder for $31,159 and no county match needed- it’s for part of Doug Baer’s dept. They apply for it annually. Approved and signed.

ATTORNEY- Andy Baudendistel- Interlocal agreement with Moores Hill was brought up by Shane McHenry and Gayle will ask for the other $2500 owed. Dillsboro sent their $5000 in.

Art Little- with the growth that takes place probably it may be important to have that connector with the port coming. It will be real good way for residents to get to work quicker and safer.

Lynch said it will be 20-30 years down the road. No matter what comes out of this- as a result of the studies- we are in a better position to evaluate existing roads.

Bright is a mess- it will get worse before it gets better per Little. Hope they will be done by the Bright parade time.

PUBLIC COMMENT- none

LATE ARRIVAL- Jason Sullivan - Grant was denied from one Bill Black submitted before. So $14,117.54 now has been released on this from leftover funds that others didn’t use up. This is for laptops on Mobile Command truck and a server. Approved.

Variance for a pond less than 5 acres and for pond setback. Applicant/Owner- Steve Weller located at 6054 Shangri-La Dr. on 3.475 plus 0,79 acres in Manchester Township zoned Ag and R-

Derek Walker presented the case- the pond was already constructed between 2012 and 2015. Two variances are requested due to the acreage being less than 5 acres required and also less than 150 ft from the road. (It’s 110 ft from the road) All neighbors were notified. There were no responses. Public discussion was opened and closed with no one speaking.

Weller said he had nothing to add to the presentation.

Phil Darling said that he has no problem with it and that the road ends there. And doesn’t get extended.

Weller said- they have divided the properties next to him are divided into 5 properties and there will be a turnaround there. Each lot is 20-60 acres on that newer section. It won’t be a through road.

Jane Ohlmansiek added- that they should require the posts to be put in to protect the pond area from the road.

Beiersdorfer motioned that both properties be co-joined and granted the 40 ft (he said 70 ft but the staff report indicates 40 ft) setback variance and the posts be put in as the highway engineer recommended and also the 5 acre variance. Ohlmansiek 2nd. Passed.

Derek Walker presented the background. The variance requested is for the 65 ft frontage that is required for Residential homes. Pictures and the site plan were shown. 19 letters were sent out. One phone call- but no issues they just asked what the hearing was concerning. All 3 homes on the shared driveway would have to change their addresses to the private lane being created.

Dennis Kraus Jr. presented for Jeff Stenger, surveyor, who was unable to attend the meeting. He answered questions.

Public discussion opened- John Brauer spoke stating his familial relationship to all parties. He stated that he was only concerned with the part that was on the larger 111 acres that his father is dividing and you know how contentious that can be. He asked about lopping off a farm building on the plat.

Rick Pope said they don’t get into that. They are there to decide on the specific frontage variance. Public discussion ended.

Maintenance agreement is required for shared driveway per Kraus, Jr.

Darling said its a shared driveway- and the BZA likes to see that. The board agreed.

Wednesday, June 08, 2016

INDOT Accepting Applications for Local Road and Bridge Matching Grant FundsCommunity Crossings program provides millions in funding to cities, counties, and towns for infrastructure

INDIANAPOLIS – The Indiana Department of Transportation announced today that the agency is accepting applications from cities, towns, and counties across Indiana for matching funds for local road and bridge projects through Community Crossings, the State’s local road and bridge matching grant fund.

On March 23, 2016, Governor Mike Pence signed HEA1001 which created the local road and bridge matching grant program. HEA 1001 provides $186 million in state reserves for local road and bridge funding over the next two years, and provides $277 million over the next four years by redirecting an additional 1 and ½ pennies of the gasoline use tax to local roads to be phased in over two years; $100 million in funding will be available each year going forward providing long-term road funding for locals.

Projects that are eligible for funding through Community Crossings include road resurfacing, bridge rehabilitation, road reconstruction, roundabouts, and Americans with Disabilities Act (ADA) compliance in connection with road projects. Material costs for chip sealing and crack filling operations are also eligible for funds.

Projects submitted to INDOT for funding will be evaluated based on need, traffic volume, local support, the impact on connectivity and mobility within the community, and regional economic significance.

Community Crossings is open to all local government units in the State of Indiana. Cities, towns, and counties awarded grants will receive funding based on a 50/50 match. For example, a county that is awarded a grant for a roundabout project that is estimated to cost $1 million would receive $500,000 in funding from the State with the County providing the other $500,000.

For more information and to apply for a Community Crossings grant, visit in.gov/indot/2390.htm and download the application. All application materials must be submitted via email toLPA_MPO@indot.in.gov by Friday, July 15, 2016 at 5 p.m. ET. Communities selected to receive funding for projects will be notified by INDOT in early August 2016.

Vacate Portion of West Brown Road- Jeff Stenger- JDJ Surveying and Engineering - This is in Sparta Township- 0,07 miles of county maintenance for Richard and Joanne Fulks .They plan to build a new house and this is to meet county set backs. They also don’t want to have the ROW open across their property. The road is impassable once this ROW goes on thru the neighboring property. There is also a relatively sizable creek crossing also which makes this less viable as ROW. Stenger went thru the criteria for vacating property and showed how each was met. There is a turnaround to be constructed for the last neighbor that uses the ROW. One letter received by a neighbor ( the Hyde family) not in favor. McHenry let Stenger read the letter. Stenger noted that the Hydes have purchased the property since the process of vacation began back in March. He also noted the Hydes have no access to Brown Road or any maintained part of the ROW for the record. Commissioners decided to table the decision to June 21st meeting at 5 PM. Baudendistel needs time to prepare ordinance and Lynch will be there. McHenry also wants to tour the property to see the turnaround of another neighbor.

Cemetery in Valley Woods- Art Wenzel- gave a handout and said that Greendale does not want to maintain this. The grass is about knee high again now. The Guard’s have restored the cemetery and Rupel owns it. He will quit claim it to the county and then the township trustee can ,aintain it as a public cemetery. This is the same thing they did with the Rees cemetery behind Steak and Shake. The trustees are able to levy up to half a mil to maintain cemeteries. Greendale says this is a family cemetery and they shouldn’t be involved. Wenzel maintains that Guard had a land grant and several other important things he did as pioneer of this area. Little said that often there was a little church near these in the past. Baudendistel said that if it were turned over to a governmental entity then it would become the trustee’s responsibility. The trustee has not been consulted- but Wenzel says this is a sore subject with all the trustees. Some townships have up to 40 of these in them. Tabled until Lynch could be present. Mrs. Guard talked to the commissioners about their work restoring this. She said the neighbors were pleased to see it stored. Only 16 stones were up at first- they found more than 60. It took three years to restore it. Community corrections is being used to cut these now per Wenzel.

DCH Board of Trustees Appointment for A Kenneth Ingram- Roger Howard said the entire board recommends long time member. He also introduced Michael Schwebler - who was present- as their new CEO. McHenry welcomed Schwebler and recognized Howard as improving the image of DCH and said that he has done a tremendous job. He thinks it helps for the new CEO to come into a good situation. Commissioners reappointed Ken Ingram for Sept 1st effective date.

HIGHWAY DEPT. Todd, Listerman, County Engineer

Letter of Understanding RE: SR 62 Closure- INDOT will have an official detour posted but the locals will use the local roads. Any damage to those local roads will be covered by INDOT. Sagamaw and Davies Road will be the county detour that would be official for reimbursement. Commissioners signed that agreement. Sheriff dept will be notified.

Amendment #3 for Bridge 138- Bonnell Road west of Burzelbach intersection. The contract amount is the same at $174,391, but the fees will go up for design and down for ROW acquisition. Approved to get this done for the final design for this project.

Agreement for Engineer Professional Services, Bridge #138- NTE $16,500- and wants authority to sign this short term agreement to finish final tracings etc. Baudendistel reviewed. Approved for Listerman to sign the agreement.

Listerman reminded everyone that WEDNESDAY June 22 is the Bright Open House from 4-7 for Bright Connector Study.

2021 Federal aid PROJECTS- Listerman is submitting 2- HARRISON BROOKVILLE ROAD BRIDGE CONSTRUCTION AND LOWER DILLSBORO ROAD SLIP NEAR GATCH. This will be in June or July to hear if they are selected for 2021 for federal projects.

ADMINISTRATOR- Terri Randall- Internal Control Ordinance Revision- They added the clerk of courts to the list of people. They will involve other managers but will work wit a core group first. This amends section 10 of the county ordinances. This ordinance was read into the record by Randall. Approved. They have had training of board members and they will have their first meeting as previously advertised.

The archeologist plan was approved by the state for etc annex. they will call the archeologist should they uncover any more during the digging, Randall then went on to praise Art Wenzel for all his help to prepare maps and research to demonstrate to the dept of historical preservation that this site was a previously disturbed area. This cut the cost down for the county. She thanked him very much. McHenry concurred.

The preview meeting with contractors for the annex is today at 10 for this who want to bid. Tues June 28 at 10 AM is the bid opening day.

AUDITOR- Gayle Pennington- Claims approved. Settlement was done and they are #1 in the state again - “flowers to my staff” for that. Minutes from May 17th approved.

Two units for $20,000 each for Lawrenceburg EMS were approved.

ATTORNEY- Andy Baudendistel- read the required Title VI statement again regarding non-discrimination for meeting data that is voluntary if you wish to fill one out.

Baudendistel has two ordinances setting up two funds for the money coming from SEA 67 that is a one-time distribution for our COIT (LOIT)- pronounced LOW- it- taxes coming back.- Commissioners approved it.

Fund 1228- was created per the state for the LOIT special distribution for the 75% of the one time distribution. The other 25% will be deposited into the rainy day fund. Commissioners approved this one also.

COMMISSIONER COMMENTS-

Art Little - hate to see Roger Howard retire- he retired and now he’s busier than ever- so be careful Roger.

Shane McHenry- request from Connie Cleary from CVTB will honor 3 men for the state historical ceremony and will honor one of the 3 whose grave isn't known ( Dill) on the courthouse steps. The other two graves were located.

PUBLIC COMMENT- none

LATE ARRIVAL- Art Wenzel- publicly thanked McHenry for the blue sheriff truck for the surveyor’s truck. He said he saw the need and got it for them.- thus a good manager. He also said its the best surveyor truck he’s ever used.